Legal Question in Bankruptcy in West Virginia

Personal bankruptcy

I have credit card debts incurred over the last several years that I can no longer keep up with. Since moving to w.v.,I can not find work and have no money to pay them. While in N.Y. I belonged to Genus to try to consolidate and get ahead. My husband paid off his cards with a recent inheritance. My debts are from cards in my name only. Can I file, naming only these cards and not the houses we own in both our names? I don't have a dime to my name so it's not like I can work a deal with these creditors. I don't like the idea of bankruptcy but I don't know what else to do. Thanks for any help you can give.


Asked on 5/26/98, 9:06 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Credit cards and bankruptcty

You should consult with a bankruptcy lawyer inWV. You can file in your own name w/o yourhusband, in which case only your assets and liabilities are included. This includes yourobligation on any joint debts (he would stillowe) and your interest in any joint propertyto the extent creditors could get it in theabsence of bankruptcy. Real estate titled toboth of you may be in "tenancy by the entireties," which would exempt it from claimsin the bankruptcy provided you have NO joint debts that it could be used to satisfy, andprovided your state recognizes an entireties exemption. By the way, you do have to listall of your assets and liabilities, whetheror not exempt, but you then claim exempt assetsas exempt. Do not try not to list assets - that's a felony.

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Answered on 7/15/98, 8:11 pm


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